LAWS(GAU)-2016-7-85

SUREN CHAWRA Vs. STATE OF ASSAM

Decided On July 12, 2016
SUREN CHAWRA Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Appellant Suren Chawra has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.10,000/- with default stipulation for committing the murder of his wife Pushni Chawra. He has also been convicted under Section 324 of the Indian Penal Code and sentenced to Rigorous Imprisonment for one year for causing injury to his brother-in-law Ranjit. Both the sentences have been directed to run concurrently.

(2.) Appellant was employed in the Tea Garden of Prafulla Phukan (PW 1) and Aditya Phukan (PW 2). There, he erected a shed house and lived along with his wife Pushni. Ranjit (PW 8) is younger brother of Pushni. On 1.1.2010, Ranjit went to the house of appellant to spend time on his invitation. On that day, sometime during afternoon, Ranjit saw appellant and Pushni quarrelling with Page 2 of 3 each other. Ranjit, therefore, asked the cause for quarrel, which infuriated the appellant. The appellant, then, dealt a blow on the head of Ranjit with a pruning knife Kalam Katari. Thereafter, the appellant chased Pushni with a knife in his hand. Ranjit, because of the head injury, fell unconscious. The appellant pursued Pushni and inflicted as many as three injuries on her neck with the pruning knife due to which she died. Ejahar (Exhibit 3) was lodged by Mohan Chawra (PW 9) at Police Station Teok, District Jorhat. Prabin Neog (PW 7), In-charge of the Police Station, immediately rushed to the place of occurrence, where he prepared Inquest Report (Exhibit 4) of the dead body of Pushni and arrested the appellant. During interrogation, the appellant disclosed that after committing the crime, he threw away the weapon pruning knife in the field of Hahchora Chetia Gaon. The pruning knife was found by one Dina Orang, who handed over the same to Police. Exhibit 1 is the seizure of pruning knife.

(3.) Ranjit was examined by Dr. Nobin Chandra Konwar (PW 5) on 1.1.2010. He found one lacerated wound on the forehead of Ranjit. Dr. Nobin Chandra Konwar opined that the injury was simple in nature, but was caused by sharp edged weapon. According to the post mortem examination report (Exhibit 2) dated 9.8.2011 of Dr. Debojit Gogoi (PW 6), the cause of death of Pushni was due to syncope because of three cut injuries on her neck. The doctor, in his post mortem examination report, has opined that cut injuries on the neck of Pushni were caused by sharp cutting weapon.